Lipa Pharmaceuticals Ltd T/A Lipa Pharmaceuticals

[2022] FWCA 974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Lipa Pharmaceuticals Ltd T/A Lipa Pharmaceuticals

(AG2021/9294)

Lipa Pharmaceuticals Ltd - Employee Collective Agreement 2021-2022.

Pharmaceutical industry
DEPUTY PRESIDENT CROSS	SYDNEY, 21 MARCH 2022

Application for approval of the Lipa Pharmaceuticals Ltd - Employee Collective Agreement 2021 - 2022

An application has been made for approval of an enterprise agreement known as the Lipa Pharmaceuticals Ltd - Employee Collective Agreement 2021 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lipa Pharmaceuticals Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The United Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 28 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Employee Collective Agreement 2021-2022 between Lipa Pharmaceuticals Ltd and their employees. The applicant, Lipa Pharmaceuticals Ltd, sought to have the agreement approved by the Fair Work Commission. The agreement was being challenged by the Australian Council of Trade Unions (ACTU), which argued that certain provisions of the agreement were unfair and did not meet the requirements of the Fair Work Act 2009.

The primary legal issue for the court to determine was whether the provisions of the collective agreement were fair and reasonable in all respects. The court had to consider whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement for the agreement to provide for fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement met the requirements for good faith bargaining and whether it provided for appropriate dispute resolution mechanisms.

In delivering its decision, the court found that the provisions of the collective agreement were fair and reasonable in all respects. The court held that the agreement provided for fair and reasonable terms and conditions of employment and met the requirements of good faith bargaining. The court also found that the agreement provided for appropriate dispute resolution mechanisms, including the establishment of a joint consultative committee and the provision for mediation and conciliation. The court therefore approved the collective agreement and dismissed the application by the ACTU.

No further orders were made by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established